Riech & 2 others v Tiema & 6 others (Environment and Land Case Civil Suit E003 of 2022) [2024] KEELC 3271 (KLR) (11 April 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3271
- Citation
- [2024] KEELC 3271 (KLR)
- Decided
- 11 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous dismissal for want of prosecutionCoramJA MOGENI, MOGENI
Holding
The 1st, 2nd, and 3rd Defendants are not entitled to the orders sought in their counterclaim.
Facts
The Plaintiffs initiated a suit against the Defendants seeking declarations and injunctions regarding the construction on Plot No 376, Harambee Sacco. The Defendants counterclaimed, alleging that the Plaintiffs prevented them from accessing their construction site.
Issues
- Whether the 1st, 2nd, and 3rd Defendants are entitled to the orders sought in the counterclaim.
- Who should bear the costs of the counterclaim.
Reasoning
The Court found that the Defendants failed to provide any lawful or written By-Laws and unlawfully prevented access to their construction site. The construction activities did not constitute a multi-dwelling apartment.
Outcome
The 1st, 2nd, and 3rd Defendants' counterclaim is dismissed.
Authorities cited
Cases cited (3)
- Shaneebal Limited v County Government of Machakos (2018) eKLR
- Karuru Munyororo v Joseph Ndumia Murage & another, Nyeri HCCC No 95 of 1988
- Gichinga Kibutha v Caroline Nduku (2018) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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